LRB-0681/1
RPN:kmg:jf
2001 - 2002 LEGISLATURE
April 12, 2001 - Introduced by Representatives La Fave, Musser, J. Lehman,
Seratti, Turner, Miller, Berceau, Ryba and Riley, cosponsored by Senators
Burke, Darling, Roessler and Risser. Referred to Committee on Judiciary.
AB305,1,2
1An Act to amend 895.44 of the statutes;
relating to: liability for the inspection
2of property.
Analysis by the Legislative Reference Bureau
Under current law, a state officer, employee, or agent, or an insurer or the
insurer's employee or agent, is immune from civil liability for furnishing safety
inspections or advisory services intended to reduce the likelihood of injury, death, or
loss. The immunity does not apply if the active negligence of the officer, insurer,
agent, or employee created the condition that was the proximate cause of the injury,
death, or loss. The immunity also does not apply to insurers if the services were
performed under provisions of a service contract. This bill adds county and local
governmental unit officers, employees, or agents to those who receive immunity from
civil liability for safety inspections and advisory services.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB305, s. 1
3Section
1. 895.44 of the statutes is amended to read:
AB305,2,11
4895.44 Exemption from civil liability for furnishing safety inspection
5or advisory services. The furnishing of, or failure to furnish, safety inspection or
1advisory services intended to reduce the likelihood of injury, death
, or loss shall not
2subject
a state an officer, employee
, or agent
, or of the state, a county, or a local
3governmental unit, as defined in s. 59.72 (1) (c), an insurer,
or the insurer's agent or
4employee undertaking to perform such services as an incident to insurance, to
5liability for damages from injury, death
, or loss occurring as a result of any act or
6omission in the course of the safety inspection or advisory services. This section shall
7not apply if the active negligence of the
state officer, employee
, or agent
, or of the
8insurer, the insurer's agent or employe created the condition that was the proximate
9cause of injury, death
, or loss. This section shall not apply to an
insurer, the insurer's 10officer, employee, or agent
or employe performing the safety inspection or advisory
11services when required to do so under the provisions of a written service contract.
AB305,2,1413
(1) This act first applies to inspections or advisory services provided on the
14effective date of this subsection.